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Upstart Reaged my CO with them

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OmarGB9
Community Leader
Super Contributor

Upstart Reaged my CO with them

So, I got a bunch of alerts a few days ago from Navy Mission: Credit Confidence/Capital One Credit Wise/Chase Credit Journey/Credit Karma that there was a critical change to my Equifax report. Now I haven't seen any changes in TU or EX, but I also haven't pulled my ACR for those 2, only for EQ which I pulled today because of those notifications. Now, I had seen when I was paying it back that they had been changing the payment history and making it look as if I had positive payment history the whole time, but I guess while they were doing that, they were also changing the DOFD. Notice my 2 credit reports, with the dates on them, and the different DOFD dates. THANKFULLY I had an old report from 2019 when I was applying to my current job and needed to know what was going on with my credit. I know this is obviously disputable, but the fact that they also pushed an update over a year after paying them off just to update the comments (which, BTW, I see no significant difference in the comments; also, is that even legal?) makes me angry, and now I really want this account off altogether. Smiley Mad Can I get them for an FCRA violation, or must I first go through the dispute process? @vntrsc I know you're well-versed in this.

 

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Last App: 1/10/2023
Penfed Gold Visa Card

Currently rebuilding as of 04/11/2019.

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Message 1 of 7
6 REPLIES 6
vntrsc
Frequent Contributor

Re: Upstart Reaged my CO with them

Hi @OmarGB9 

 

Just a couple of notes for my own sake.  🙂.  I know you already know them.

 

1.  If this was current account that had been in default (2018 DOFD) but you brought back to a current status, then defaulted again in 2001, the DOFD would change to 2001.  In the event that 2018 was the only default, 2018 should remain the DOFD.

 

2.  If this was a collection account that had been charged off (2018) and you were repaying, that DOFD should not have changed.  

If the information is, indeed, incorrect, yes you must dispute first with the CRAs.  The furnisher must receive notice of a consumer's dispute directly from the CRAs.  That is for the purpose of allowing a private right of action in the event the incorrect information is not corrected or deleted.  

 

15 U.S.C. 1681s-2(b) and s-2(c) are the relevant sections of the FCRA.  

Hope that helps.

 

Message 2 of 7
OmarGB9
Community Leader
Super Contributor

Re: Upstart Reaged my CO with them

It was already charged off in 2018 and I didn't start repaying until 2019.


Last App: 1/10/2023
Penfed Gold Visa Card

Currently rebuilding as of 04/11/2019.

Starting FICO 8 Scores:




Current FICO 8 scores:


Message 3 of 7
vntrsc
Frequent Contributor

Re: Upstart Reaged my CO with them

Then the DOFD should not have changed.  I'd go ahead and file a fact-specific dispute with the CRAs. 

Message 4 of 7
OmarGB9
Community Leader
Super Contributor

Re: Upstart Reaged my CO with them


@vntrsc wrote:

Then the DOFD should not have changed.  I'd go ahead and file a fact-specific dispute with the CRAs. 


That's what I thought, thank you. Independent of that, though, is the fact that they updated the account just for some comments apparently. Is that allowed when the account has been paid since January 2021?


Last App: 1/10/2023
Penfed Gold Visa Card

Currently rebuilding as of 04/11/2019.

Starting FICO 8 Scores:




Current FICO 8 scores:


Message 5 of 7
vntrsc
Frequent Contributor

Re: Upstart Reaged my CO with them

I don't see how that could be allowed.  After updating an account to show it's is paid and satisfied, there's nothing afterward about which to comment or update.

Message 6 of 7
bass_playr
Established Contributor

Re: Upstart Reaged my CO with them

No, it is not allowed.  Every detail that they report must be accurate.  When you dispute through the CRAs, you maintain the private right of action within FCRA.  If you dispute through the credit bureaus and they verify the entry as accurate as reported, then you could pursue legal action against them for violating FCRA.  

Message 7 of 7
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